HomeMy WebLinkAboutFindings of Fact and Order, Eastlake Minor Subdivision #P-07046
REPORT TO: Honorable Mayor and City Commission
FROM: Lanette Windemaker, AICP, Contract Planner
SUBJECT: Eastlake Minor Subdivision Findings of Fact, #P-07046
MEETING DATE: Monday, February 25, 2008
RECOMMENDATION: Authorize the Mayor to sign the Findings of Fact and Order for the
preliminary plat of Eastlake Minor Subdivision.
BACKGROUND: On February 4, 2008, the City Commission held a public hearing on an application
for preliminary approval of the Eastlake Minor Subdivision. The Commission approved the proposed
subdivision, subject to conditions to ensure the final plat would comply with all applicable regulations
and all required criteria. State law provides that the governing body shall “provide a written statement
to the applicant detailing the circumstances of the condition imposition.” The statement must include 1)
the reason for the condition imposition; 2) the evidence that justifies the condition imposition; and 3)
information regarding the appeal process for the condition imposition. Andy Epple, Planning Director,
presented the subdivision application on behalf of the City of Bozeman. Lanette Windemaker, Contract
Planner, has prepared the Findings of Fact and Order to serve as the Commission’s statutorily required
written statement.
FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased property
tax revenues from new development, along with increased costs to deliver municipal services to the
property.
ALTERNATIVES: As suggested by the City Commission
CONTACT: Please email Lanette Windemaker at lwindemaker@bozeman.net if you have any
questions prior to the public hearing.
APPROVED BY: Andrew Epple, Planning Director
Chris Kukulski, City Manager
Commission Memorandum
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Eastlake Minor Subdivision Findings of Fact; #P-07046
BEFORE THE BOZEMAN CITY COMMISSION
GALLATIN COUNTY, MONTANA
IN THE MATTER OF THE APPLICATION OF WARNER PACIFIC
PROPERTIES, LLC, OWNERS, FOR PRELIMINARY APPROVAL
OF THE PLAT OF EASTLAKE MINOR SUBDIVISION
FINDINGS
OF FACT
AND ORDER
This matter came before the Bozeman City Commission on February 4, 2008, for review and
decision pursuant to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3-625,
Montana Codes Annotated, the Bozeman 2020 Community Plan, and Title 18 of the Bozeman
Municipal Code. The applicant/owner presented to the Commission a proposed Preliminary Plat to
subdivide ~ 7.65 acres into 5 commercial lots, streets, and common areas, as submitted in its original
form on October 31, 2007, (#P-07046) and found to be adequate and sufficient for continued review
on December 17, 2007. The Commission held a public hearing on the preliminary plat and considered
all relevant evidence relating to the public health, safety, and welfare, including the recommendation
of the planning board, to determine whether the plat should be approved, conditionally approved, or
disapproved.
It appeared to the Commission that all parties wishing to appear and comment were given the
opportunity to do so, and therefore, being fully advised of all matters having come before it regarding
this application, the Commission makes the following Findings of Fact, as required:
FINDINGS OF FACT
I.
On October 31, 2007, the owners, Warner Pacific Properties, LLC, Michael Odell, 77 South
Sierra Madre Blvd, Suite 9, Pasadena, CA 91107; applicant, TD&H Engineering, Inc., 215 W.
Mendenhall, Suite C-1, Bozeman, MT 59715; and representative, Intrinsik Architecture, Inc., 111
North Tracy Avenue, Bozeman, MT 59715 submitted an application for approval to subdivide the
Eastlake Minor Subdivision, a minor subdivision to divide ~ 7.65 acres into 5 commercial lots, streets,
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and common areas, on property zoned B-2 (Community Business District). The property is legally
described as Lot 1A of Minor Subdivision No. 221E, situated in the Southwest ¼ of Section 26, T1S,
R5E, PMM, City of Bozeman, Gallatin County, Montana.
II.
The comments of the Development Review Committee, along with those of Planning &
Community Development Staff, were incorporated into a Staff Report with suggested conditions of
approval, which was provided to the Bozeman Planning Board.
III.
Notice of the time and date of the public hearings was posted at the site on December 28,
2007. The notice was mailed to all adjoining property owners by certified mail on December 28,
2007. Notice of the time and date of the public hearings was published in the Bozeman Daily
Chronicle on Sunday, December 30, 2007. Said notice also served to inform interested persons that
materials were available for review at the Bozeman Planning & Community Development
Department.
The Bozeman Planning Board considered the application at its regular meeting on January 15,
2008. The Planning Board found that the application was properly submitted and reviewed under the
procedures of Title 18 of the Bozeman Municipal Code. Staff reviewed the staff report and the
evidence, which justified the imposition of conditions.
The applicant made a formal presentation in favor of the requested subdivision.
The Planning Board then opened the public hearing. No members of the public were present
speaking in favor of or opposition to said Subdivision Preliminary Plat. The Board closed the public
hearing. The Planning Board, on a vote of 7 to 0, recommends that Condition #7 be amended as
follows: The subdivider shall install sidewalks (unless another type of transportation pathway is
determined to be more appropriate) along the east side of North 27th Avenue in accordance with City
specifications; Planning Board, on a vote of 7 to 0, recommends that Condition #20 be amended as
follows: All improvements shown on the ‘Utility Master Plan’ exhibit submitted with the Preliminary
Plat application shall be installed by the subdivider, or financially guaranteed, prior to Final Plat
approval. A note shall be added to the ‘Utility Master Plan’ clarifying that sidewalks on the west side
of North 27th Avenue and interior pedestrian sidewalks (except as required with Condition #10 and
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along Eastlake Road) will be installed with future development; and Planning Board, on a vote of 7 to
0, recommends that Condition #22 be amended as follows: “A temporary stormwater retention pond
shall be constructed if required by the Stormwater Study to capture runoff from the eastern portion of
Eastlake Road not draining to the subdivision detention pond. The pond shall be located within a
temporary stormwater easement on the neighboring property, or within a common open space parcel.
The Planning Board then voted on a motion regarding the subdivision. The motion, to recommend
approval of the subdivision with the conditions as amended and as recommended by Staff, passed on a
vote of 7 in favor and 0 in opposition.
IV.
The application was considered by the Bozeman City Commission at its regular meeting on
February 4, 2008, at which time the recommendation of the Planning Board, presented in Planning
Board Resolution # P-07046, and information compiled by City staff was reviewed.
The applicant made a formal presentation in favor of the requested subdivision, and indicated
agreement with all conditions.
There was no comment from the general public.
V.
The application was considered by the Bozeman City Commission and weighed against the
review criteria established by Statute, and found as follows:
A. Effects on agriculture, agricultural water user facilities, local services, the natural
environment, wildlife and the wildlife habitat, and public health and safety.
1. Effects on Agriculture.
Approximately 6 acres of the property is in grain production. Due to the small size and infill
location of the property, there is no significant impact on agricultural production.
2. Effects on Agricultural Water User Facilities.
Not applicable. There are no agricultural water user facilities on the site.
3. Effects on Local Services.
Water/Sewer: The standard code requirements apply, including the requirements for plans
and specifications, detailed design reports, and engineering services for construction
inspection, post-construction certification and preparation of mylar record drawings applies.
No building permits will be issued prior substantial completion and City acceptance of
required water and sewer infrastructure improvements, unless otherwise permitted under the
BMC. Water and sewer main extensions must be completed or financially guaranteed prior to
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final plat approval.
The City needs to acquire water rights to keep up with the growing demand for municipal
water service. In keeping with the City’s annexation policy, water rights or cash-in-lieu must
be paid prior to final plat approval.
Police/Fire: The property is within the City’s Police and Fire emergency response area. The
subdivider must obtain addresses for the new lots from the City Engineering Division prior to
filing of the final plat to facilitate fire and police response to the site.
Streets: Access to the subdivision will be from the existing North 27th Avenue, future Eastlake
Road, and interior public access easements. . The standard code requirements apply, including
the requirements for plans and specifications, detailed design reports, and engineering services
for construction inspection, post-construction certification and preparation of mylar record
drawings applies. No building permits will be issued prior substantial completion and City
acceptance of required street infrastructure improvements, unless otherwise permitted under
the BMC. Street improvements, including lighting, must be completed or financially
guaranteed prior to final plat approval.
Stormwater Management: The standard requirement for a Stormwater Master Plan applies to
this project. The standard code requirements apply, including the requirements for plans and
specifications, detailed design reports, and engineering services for construction inspection,
post-construction certification and preparation of mylar record drawings applies. No building
permits will be issued prior substantial completion and City acceptance of required
stormwater infrastructure improvements, unless otherwise permitted under the BMC.
Stormwater improvements must be completed or financially guaranteed prior to final plat
approval.
4. Effects on the Natural Environment.
Applicant has entered into an agreement for a Noxious Weed Management and Revegetation
Plan with the Gallatin County Weed Board. A Memorandum of Understanding must be
entered into with the County Weed Board prior to submittal of the final plat. Based on the
geotechnical information provided, staff is recommending that the following note shall be
included on the final plat: “Buildings proposed for construction with crawl spaces or
basements shall include Engineer Certification regarding depth of ground water and soil
conditions and proposed mitigation methods to be submitted with each Building Permit. The
Final Plat shall include a notation that due to high ground water conditions full or partial
basements are not recommended.”
5. Effects on Wildlife and Wildlife Habitat.
Due to the small size and infill location of the property, no significant adverse effects on
wildlife or their habitat have been identified on the property.
6. Effects on Public Health and Safety.
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Because municipal sewer will service future development in the subdivision, the threat of
groundwater degradation from onsite sewage disposal will be eliminated. There are no
known, unmitigated natural or man-made hazards on this property. The intent of the
regulations in the Bozeman Municipal Code is to protect the public health, safety and general
welfare. The subdivision has been reviewed and determined to be in general compliance with
the title. Any other conditions deemed necessary to ensure compliance have been noted
throughout this staff report.
B. Compliance with the following:
1. The survey requirements provided for in Part 4 of the Montana Subdivision and
Platting Act.
The subdivision complies or will comply with survey requirements of the Montana
Subdivision and Platting Act and was filed as a preliminary plat in accordance with the state
statute and the Bozeman Municipal Code.
2. The local subdivision regulations provided for in Part 5 of the Montana Subdivision
and Platting Act.
The final plat shall comply with the standards identified and referenced in the Bozeman
Municipal Code. The applicant is advised that unmet code provisions, or code provisions that
are not specifically listed as conditions of approval, does not, in any way, create a waiver or
other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. The
following requirements are standards of the Bozeman Municipal Code and shall be addressed
on the final plat:
a. Pursuant to 18.48.070, the subdivider shall be responsible for landscaping of the public
right-of-way boulevard strips along all external perimeter development streets and
adjacent to open space areas.
b. Per Chapter 18.72 of the Bozeman Municipal Code, covenants, restrictions, and articles
of incorporation for the creation of a property owners’ association shall be submitted with
the final plat application for review and approval by the Planning Department and shall
contain, but not be limited to, provisions for assessment, maintenance, repair and upkeep
of common open space areas, public parkland/open space corridors, stormwater facilities,
public trails, snow removal, and other areas and facilities common to the association.
c. Per Section 18.72.030 of the Bozeman Municipal Code, covenants shall include a
common area and facility maintenance plan and guarantee providing for the permanent
care and maintenance of all common areas and facilities, including but not limited to open
spaces, recreational areas, stormwater facilities, streets, trails, community centers and
parking lots. The same shall be submitted to the city attorney and shall not be accepted
by the city until approved as to legal form and effect. A draft of these documents must be
submitted for review and approval by the Planning Department at least 30 days prior to
submittal of the final plat.
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d. The Final Plat shall conform to all requirements of the Bozeman Municipal Code and the
Uniform Standards for Final Subdivision Plats and shall be accompanied by all required
documents, including certification from the City Engineer that as-built drawings for public
improvements were received, a platting certificate, and all required and corrected
certificates. The Final Plat application shall include four (4) signed reproducible copies on
a 3 mil or heavier stable base polyester film (or equivalent); two (2) digital copies; one (1)
PDF copy; and five (5) paper prints.
e. Pursuant to Section 18.06.040.D.6, conditional approval of the Preliminary Plat shall be in
force for not more than one calendar year for minor subdivisions, two years for single-
phased major subdivisions and three years for multi-phased major subdivisions. Prior to
that expiration date, the subdivider may submit a letter of request for the extension of the
period to the Planning Director for the City Commission’s consideration. The City
Commission may, at the written request of the subdivider, extend its approval for no more
than one calendar year, except that the City Commission may extend its approval for a
period of more than one year if that approval period is included as a specific condition of
a written subdivision improvements agreement between the City Commission and the
subdivider, provided for in §18.74.060, BMC.
f. If it is the subdivider’s intent to file the plat prior to installation, certification, and
acceptance of all required improvements by the City of Bozeman, an Improvements
Agreement shall be entered into with the City of Bozeman guaranteeing the completion of
all improvements in accordance with the Preliminary Plat submittal information and
conditions of approval. If the Final Plat is filed prior to the installation of all
improvements, the subdivider shall supply the City of Bozeman with an acceptable
method of security equal to 150% of the cost of the remaining improvements.
g. The applicant shall submit with the application for Final Plat review and approval, a
written narrative stating how each of the conditions of preliminary plat approval has been
satisfactorily addressed, and shall include a digital copy (pdf) of the entire Final Plat
submittal. This narrative shall in sufficient detail to direct the reviewer to the appropriate
plan, sheet, note, covenant, etc. in the submittal.
h. Stormwater Master Plan:
A Stormwater Master Plan for the subdivision for a system designed to remove solids,
silt, oils, grease and other pollutants from the runoff from the private and public streets
and all lots must be provided to and approved by the City Engineer.
The master plan must depict the maximum sized retention basin location, show location of
and provide easements for adequate drainage ways within the subdivision to transport
runoff to the stormwater receiving channel. The plan shall include sufficient site grading
and elevation information (particularly for the basin site, drainage ways and finished lot
grades), typical stormwater detention/retention basin and discharge structure details, basin
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sizing calculations and a stormwater maintenance plan.
Any stormwater ponds located within a park or open space shall be designed and
constructed to be conducive to the normal use and maintenance of the open space.
Stormwater ponds for runoff generated by the subdivision (e.g., general lot runoff, public
or private streets, common open space, parks, etc.) shall not be located on easements
within privately owned lots.
While the runoff from the individual lots will be dependent on the intensity of use on each
lot, the maximum sizing of the storm retention facilities for each lot will be established
based on maximum site development. Final facility sizing may be reviewed and reduced
during design review of the FSP for each lot.
i. Plans and specifications and a detailed design report for water and sewer main extensions,
storm sewer and the public street, prepared by a Professional Engineer, shall be provided
to and approved by the City Engineer and the Montana Department of Environmental
Quality. The Applicant shall also provide Professional Engineering services for
construction inspection, post-construction certification, and preparation of mylar record
drawings. Construction shall not be initiated on the public infrastructure improvements
until the plans and specifications have been approved and a pre-construction conference
has been conducted. All plans and specification shall comply with the current version
(including all addenda) of the City of Bozeman Design Standards and Specifications
Policy and the City of Bozeman Modifications To Montana Public Works Standard
Specifications Fifth Edition that have been adopted at the time of approval of the plans
and specifications.
No building permits shall be issued prior to substantial completion and City
acceptance of the required infrastructure improvements.
j. All infrastructure improvements including, but not necessarily limited to 1) water and
sewer main extensions, and 2) public streets, curb/gutter, sidewalks fronting parks, open
space, rear yard frontages or other non-lot frontages, and related storm drainage
infrastructure improvements shall be financially guaranteed or constructed prior to Final
Plat approval.
k. City standard residential sidewalks shall be constructed on all public street frontages of a
property (unless another type of transportation pathway is determined to be more
appropriate) prior to occupancy of any structure on the property. Upon the third
anniversary of the plat recordation of any phase of the subdivision, any lot owner who has
not constructed said sidewalk shall, without further notice, construct within 30 days said
sidewalk for their lot(s), regardless of whether other improvements have been made upon
the lot. This condition shall be included on the final plat for the subdivision.
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l. The location of existing water and sewer mains shall be properly depicted. Proposed main
extensions shall be noted as proposed.
m. Floodplain:
a. A Floodplain Development Permit must be obtained from the City Engineer prior to
construction within the floodplain boundary.
b. The 100 year flood plain boundary and flood elevations must be depicted on the Final
Plat.
c. All buildings must be flood proofed to at least 2' above the 100 year flood elevation.
Elevation Certificates must be provided for each building following completion of
construction.
n. The Montana Fish, Wildlife and Parks, SCS, Montana Department of Environmental
Quality and Army Corps of Engineer's shall be contacted regarding the proposed project
and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior
to FSP approval.
o. Easements for the water and sewer main extensions shall be a minimum of 30 feet in
width, with the utility located in the center of the easement. In no case shall the utility be
less than 10 feet from the edge of easement.
p. Phasing shall be clearly defined including installation of infrastructure.
q. The developer shall make arrangements with the City Engineer's office to provide
addresses for all individual lots in the subdivision prior to filing of the final plat.
r. Street names must be approved by the City Engineering Department and County Road
Office prior to Final Plat approval.
s. If construction activities related to the project result in the disturbance of more that 1
acre of natural ground, an erosion/sediment control plan may be required. The
Montana Department of Environmental Quality, Water Quality Bureau, shall be
contacted by the Applicant to determine if a Storm Water Discharge Permit is
necessary. If required by the WQB, an erosion/sediment control plan shall be prepared
for disturbed areas of 1 acre or less if the point of discharge is less than 100' from
State Waters.
t. The applicant shall submit a construction route map dictating how materials and heavy
equipment will travel to and from the site in accordance with section 18.74.020.A.1 of
the Bozeman Municipal Code. This shall be submitted as part of the final site plan for
site developments, or with the infrastructure plans for subdivisions. It shall be the
responsibility of the applicant to ensure that the construction traffic follows the
approved routes.
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u. All construction activities shall comply with section 18.74.020.A.2. of the Bozeman
Municipal Code. This shall include routine cleaning/sweeping of material that is
dragged to adjacent streets. The City may require a guarantee as allowed for under
this section at any time during the construction to ensure any damages or cleaning that
are required are complete. The developer shall be responsible to reimburse the City
for all costs associated with the work if it becomes necessary for the City to correct
any problems that are identified.
v. All proposed private utilities to serve the subdivision shall be shown on the public
infrastructure plans and specifications.
3. The local subdivision review procedure provided for in Part 6 of the Montana
Subdivision and Platting Act.
The subdivision preapplication (#P-07024) was reviewed by the DRC on June 27, July 11 and
July 18, 2007. The final preapplication comments were provided on July 18, 2007. The
applicant had until July 18, 2008, to submit a preliminary plat application.
A preliminary plat application was submitted on October 31, 2007. The required acceptability
letter was sent on November 7, 2007. The preliminary plat was reviewed by the DRC on
November 14, 21, and 28, 2007. On November 28, 2007, the DRC forwarded a conditional
recommendation for consideration by the Planning Board and City Commission. A letter
addressing the inadequacy of the submittal was mailed on November 30, 2007. Additional
submittal material was received on December 11, 2007. The required adequacy letter was
mailed on December 17, 2007.
The hearings before the Planning Board and the City Commission have been properly noticed,
as required in the Bozeman Municipal Code. Public notice for this application was placed in
the Bozeman Daily Chronicle on Sunday, December 30, 2007. The site was posted with a
public notice on December 28, 2007. Finally, notice was sent to adjacent property owners via
certified mail, and to other property owners of record within 200 feet of the subject property
via first class mail, on December 28, 2007.
The subdivision staff report was drafted and forwarded with a recommendation of conditional
approval to the Planning Board for consideration at its January 15, 2008, public hearing. The
City Commission will make a final decision at the February 4, 2008, public hearing. A final
decision for a subsequent minor subdivision from a tract of record must be made within 60
working days of the date it was deemed adequate or in this case by March 14, 2008.
C. The provision of easements for the location and installation of any planned utilities.
All utilities and necessary utility easements will be provided and depicted on the final plat.
D. The provision of legal and physical access to each parcel within the subdivision and the
required notation of that access on the applicable plat and any instrument of transfer
concerning the parcel.
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All lots within the subdivision will have direct access from dedicated public streets or public
access easements.
ORDER
After considering all matters of record presented at the public hearing, the City Commission
found that the proposed subdivision would comply with the Bozeman 2020 Community Plan and the
requirements of the Montana Subdivision and Platting Act, and Title 18 of the Bozeman Municipal
Code, if certain conditions were imposed. The evidence, as stated or referenced in the Findings of
Fact, justifies the imposition of the conditions ordered herein to ensure that the final plat complies
with all applicable regulations and all required criteria.
THEREFORE, IT IS HEREBY ORDERED that the Preliminary Subdivision Plat of the
Eastlake Minor Subdivision, for Warner Pacific Properties, LLC, be approved subject to the following
conditions:
1. The property owners dependent on the sewage lift station shall be responsible for its operation
and maintenance.
2. All common facilities, such as the lift station and stormwater facilities shall be located on
separate parcels of commonly owned land.
3. A property owners association shall be established and incorporated for ownership, operation
and maintenance of all common areas and facilities.
4. Notes shall be included on the plat describing ownership and maintenance responsibility for all
parks, open space and/or other common facilities and areas, e.g.: public park, dedicated to the
city and maintained by the property owners association; and open space, public access, owned
by the property owners, maintained by the property owners association, etc. Park land, open
space areas and storm water facilities shall not be titled as lots or tracts but shall be numbered.
5. A 1’ No Access Strip shall be shown on the plat along the entire frontage of Valley Center
Road and along North 27th Avenue except at access points approved by City Engineering in
accordance with 18.44.090.D.3.
6. “No parking” along North 27th Avenue and Valley Center Road shall be noted on the final
subdivision plat and in the covenants and restrictions for the property owners’ association.
7. The subdivider shall install sidewalks (unless another type of transportation pathway is
determined to be more appropriate) along North 27th Avenue in accordance with City
specifications.
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8. The subdivider shall install a 10-foot wide concrete pedestrian boulevard trail (unless another
type of transportation pathway is determined to be more appropriate) along Valley Center
Road (subject to MDOT review and approval) in accordance with City specifications. If
MDOT does not allow installation within the right-of-way, then the trail shall be installed in a
public access easement within the 50-foot entryway corridor setback. This trail shall be
privately maintained.
9. The subdivider shall install bike lanes (unless another type of transportation pathway is
determined to be more appropriate) along North 27th Avenue in accordance with City
specifications if that is the design previously approved for adjacent properties.
10. Due to access control, block length may exceed 400 feet. The subdivider shall install the
pedestrian walkway (sidewalk) along the south side of Lots 1 and 4 within a public access
easement.
11. The covenants shall address street trees, and shall include a planting note stating that the
planting hole shall be at least twice the diameter of the root ball, that the root flare of the
newly planted tree is visible and above ground, and there should be a mulch ring 3’ -4’ in
diameter around each newly planted boulevard tree.
12. In accordance with Section 18.80.2750, all required yard setbacks shall be measured from the
edge of the public access easements, not the lot line in the center of the easement. A note to
this effect shall be placed on the subdivision plat.
13. Street lighting, including pathway intersection lighting, shall be installed by the subdivider.
Light locations and specifications shall be provided to the City Engineer for review and
approval with the public improvements plans and specifications.
14. Unless an equivalent means of operation and maintenance is approved by the City of
Bozeman, street lighting SILD information for operation and/or maintenance shall be
submitted to the Clerk of Commission directly after Preliminary Plat approval in hard copy
and digital form. The final plat will not be deemed complete until the resolution to create the
SILD has been approved by the City Commission.
15. Water rights, or if water rights are not available cash-in-lieu thereof, as calculated by the City
Engineer, is due with the final plat.
16. Buildings proposed for construction with crawl spaces or basements shall include Engineer
Certification regarding depth of ground water and soil conditions and proposed mitigation
methods to be submitted with each Building Permit. The Final Plat shall include a notation
that due to high ground water conditions full or partial basements are not recommended.
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17. Applicant shall provide a soils report, along with building plans, to the Building Division,
recommending types of foundations. If development shall occur in phases, the soils report
may address those lots within the proposed phase.
18. All plans and specification shall comply with the current version (including all addenda) of the
City of Bozeman Design Standards and Specifications Policy and the City of Bozeman
Modifications To Montana Public Works Standard Specifications Fifth Edition that have been
adopted at the time of approval of the plans and specifications.
19. The final plat shall comply with the standards identified and referenced in the Bozeman
Municipal Code. The applicant is advised that unmet code provisions, or code provisions that
are not specifically listed as conditions of approval, does not, in any way, create a waiver or
other relaxation of the lawful requirements of the Bozeman Municipal Code or state law.
20. The full section of Eastlake Road shall be constructed across the south frontage of the
subdivision, including asphalt, curb/gutter on both sides and sidewalk on the north side.
21. Recommended improvements to the Max/Catron and N. 27th/Catron intersections as outlined
in the Traffic Impact Study submitted with the Preliminary Plat application shall be installed by
the subdivider, or financially guaranteed, prior to Final Plat approval.
22. A temporary stormwater retention pond shall be constructed to capture runoff from the
eastern portion of Eastlake Road not draining to the subdivision detention pond. The pond
shall be located within a temporary stormwater easement on the neighboring property, or
within a common open space parcel.
23. The existing utility easement along the abandoned Roxy Lane right-of-way shall be released
and reconveyed per a separately recorded instrument prior to Final Plat approval.
24. Easements for public water/sewer utilities shall be labeled “water and sewer utility easement”
upon the Final Plat.
25. Lot accesses shall be constructed in accordance with the City’s standard approach detail and
shall be shown as such on the infrastructure plans.
26. The sewer lift station and forcemain shall be reviewed and approved by the City of Bozeman
with the infrastructure plans. The lift station shall be privately maintained through the
subdivision association.
27. City Standard dead-end barricades shall be installed at the end of Eastlake Road.
28. The full section of N. 27th Avenue, built to match the existing section to the south, shall be
constructed across the west frontage of the subdivision, including asphalt, curb/gutter on both
sides and sidewalk on the east side.
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29. All internal drive access shall be constructed or financially guaranteed prior to filing of the
plat, but in no case will building permits be issued prior to construction of the internal
accesses.
This City Commission order may be appealed by bringing an action in the Eighteenth District
Court of Gallatin County, within 30 days after the adoption of these Findings by the City
Commission, by following the procedures of Section 76-3-625, M.C.A. Pursuant to Section
18.06.040.D.6 of the Bozeman Municipal Code, conditional approval of the Preliminary Plat shall be
in force for not more than one calendar year for minor subdivisions, two years for single-phased major
subdivisions and three years for multi-phased major subdivisions effective from the date of adoption
of these Findings by the City Commission. At the end of this period the City Commission may, at the
written request of the subdivider, extend its approval as provided for in Title 18 of the Bozeman
Municipal Code.
DATED this day of , 2008.
BOZEMAN CITY COMMISSION
By:
Kaaren Jacobson, Mayor
ATTEST:
Stacy Ulmen
City Clerk
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